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My husband and I own a unit in a two unit association. The other owner (who rents out his unit) has left the handling of the condo association entirely up to us, so I maintain the condo bank account and pay all the bills. Our current shared expenses are water/sewer and homeowners insurance so the monthly fee is only $100. The other unit owner has been delinquent in his payments for years and will only occasionally send a check for a partial payment, usually after I have e-mailed and called him several times. He otherwise never responds to my messages or communicates with us in anyway.
We finally consulted a lawyer about how best to deal with the situation and he recommended we write a letter to the other owner detailing his payment history (or lack thereof) with the current amount owed and a suggested payment schedule of a 3rd of the the total plus the current month's fee for the next 3 months in order to get caught up or enforce the provisions of Massachusetts General Laws Chapter 183A and direct his tenants to pay rent to the association until his fees were payed in full. Shortly after we sent this letter (by Regular, Certified Mail and E-Mail) we discovered his tenants were moving out and it was too late to get rent from them.
While the other unit owner did send a check for the first installment o f the payment plan we'd provided about a month later, he's yet to pay a single cent since and is now in arrears almost as much as when we sent the letter. The other owner had apparently been trying to sell his unit for several months but it is now off the market and new renters just moved in. However, the renters appear to be buddies with the owner and we're wondering if they'll be reluctant to pay the rent to the association. I just received the invoice for our home owner's insurance and we are about $600 short of the amount in the condo account. Plus a water pipe in our basement looks in serious need of repair and we need to have some shingles replaced on the roof so we really need the money now.
So to sum up: my questions are basically: How do we go about collecting rent from the renters? Do we just show them a copy of the letter and condo docs? What if they don't take it seriously or think we're trying to scam them? Should we just go ahead and file a lien on the other unit? If we end up having to pay out-of-pocket to cover the Home Owner's Insurance and house repairs, is their anyway to guarantee that we'll be reimbursed?
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Does anyone know condo law in California? We wanted to charge a fee to any owner who rents out his unit but someone has said this is illegal in California. Some of our units are rented to university students. This increases the water use, for one thing, because they have their friends over to take showers and do laundry. They also break the parking, noise and pool use rules which puts a burden on the board to enforce the rules. Any help would be appreciated. I can't find a citation regarding this law. I know several condos do charge fees. Does anyone have any experience with this?
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I am the owner/trustee of my deceased mother's condo in Illinois. I have had it on the market for the past 9 months and have lowered the listing price 5 times to be competitive with the current market. Still no sale. Our bylaws state we cannot rent, but there are two units on the premises that went into foreclosure and the condo association is now renting them - one is occupied and the other is on the rental listing. Why can the condo board rent and I can't? I sent the condo board an email requesting a "hardship exemption" as suggested by the management company - the condo board flatly denied me stating they don't feel it's a hardship - mind you this statement was made without any knowledge on their part of my financial situation. HELP! What, if anything, can I do?
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My husband and I are renting a unit in a quiet condo complex. The majority of the owners here are older people who rarely use amenities. My problem lies with our restricted use of the pool. Is the Condo Association allowed to restrict us to zero guests at the pool? They've told us we may use it but that we cannot have any guests (I had tried to bring my younger sisters). Seeing as how the pool is really only used by one person in the entire complex, I don't see a problem with us using it once in a while, especially since we pay the association fees that cover pool maintenance. The association president told me that renters aren't allowed guests in an effort to keep the pool area from being vandalized. (I guess because I happen to prefer renting over ownership, that means I have no respect for common areas or association property.) Are they allowed to do this? Or am I entitled to the same amount of guests as the condo owners? I know several of my neighbors and none of them have a problem with my well-behaved siblings using the amenities when they're in my care.
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Our economy seems to be making us a "renter nation" for now. When Units change ownership, as part of the sale and title transfer process, do HOA's have any latitude to require "live in owners"? It seems HOA's are vulnerable even more now to drifting away from being a community of "home owners". This also affects mortgage availability as "live in owner" to total Units ratios drop.
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